HomeMy WebLinkAbout1984-09-12; Design Review Board; Resolution 0431
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DESIGN REVIEW BOARD RESOLUTION NO. 043
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A REDEVELOPMENT PERMIT TO DEVELOP A 1108 SQUARE FOOT
RESTAURANT ON THE WEST SIDE OF ROOSEVELT STREET SOUTH OF ELM AVENUE APPLICANT: MANNO
CASE NO: RP 84-12
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Design Review Board did, on the 12th day of September, 1984,
hold a duly noticed public hearing to consider said application on
property described as:
Lots 27 and 28 of Block 33, of the Town of Carlsbad,
according to Map No. 535, filed in the Office of the
County Recorder May 2, 1888,
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Board considered all factors relating to RP 84-12.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
3oard of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the Board recommends APPROVAL of RP 84-12, based on the following findings and subject to the following conditions:
Find ing s :
1) The project is consistent with the goals and objectives of the Village Design Manual, as discussed in the staff report.
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2%
2) The project conforms to all applicable requirements of the
zoning ordinance, as discussed in the staff report.
3) The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Design Review Board has, by inclusion of an
appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Design Review Board has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the
public facilities element of the general plan have been met insofar as they apply to sewer service for this project.
b) All necessary public improvements have been provided or will be required as conditions of approval.
c) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee
will enable this body to find that public facilities will be available concurrent with need as required by the general plan.
4) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on August 24, 1984 and approved by the Planning Commission on September 12, 1984.
Conditions:
1) Approval is granted for RP 84-12, as shown on Exhibit "A",
dated September 12, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy.
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This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated June 4,
1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval.
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building permits .
All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. The two signs shown on Exhibit
"A" are specifically not approved.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning
Manager.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning
Director.
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Enaineerina Conditions:
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any off-site
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer .
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi-
neer.
The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drain- age systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are:
a) Remove and reconstruct uneven sidewalk within the portion
of Roosevelt Street fronting the project.
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b) Construct the alley at the rear of the project from the
northwesterly corner to Oak Avenue. Vertical alignment of the alley shall consider the drainage needs of the portion of the alley northerly of the project.
c) Street light
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code .
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be
signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date: (Name of Engineer)
R.C.E. NO. #
Fire Conditions:
22) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 12th day of September, 1984, by the following vote, to wit:
AYES: MC COY, SCHLEHUBER, HOLMES, ROMBOTIS and MARCUS.
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/I N MC COY, Chairmdn LSBAD DESIGN REVIEW BOARD
ATTEST:
(Qk a
CHR'IS SALOMONE COMMUNITY REDEVELOPMENT MANAGER
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